749.05 ENFORCEMENT PROCEDURE.

   (a)   Any person may file a complaint with the Housing Coordinator charging any person, firm, corporation, partnership or other entity with a violation of the provisions of this chapter. Such complaint shall be in writing and shall clearly state the name of the complainant, the name of the person, firm, corporation, partnership or other entity who has allegedly violated the terms of this chapter and the particulars of such alleged violation. The Housing Coordinator shall have no jurisdiction to act on any complaint where such complaint is not filed within sixty days from the occurrence of the alleged unlawful act or acts.

   (b)   The Housing Coordinator shall, after receiving such complaint, make a prompt and full investigation and determine whether or not, in his or her opinion, probable cause exists for believing that the allegations made in the complaint are true. The Mayor shall assign employees of the City to assist the Housing Coordinator in his or her investigation. The Housing Coordinator shall thereafter advise the complianant and the person or persons against whom the complaint is directed of his or her determination.

   (c)   If, after such investigation, the Housing Coordinator determines that probable cause does not exist to believe that the allegations made in the complaint are true, he or she shall take no further action concerning such complaint.

   (d)   If, after such investigation, the Housing Coordinator determines that probable cause does exist to believe that the allegations made in the complaint are true, he or she shall attempt to resolve the alleged unlawful housing practice by means of conciliation, or shall recommend to the Mayor such other action as he or she shall deem proper.

   (e)   The Housing Coordinator shall submit a written report to the Mayor for each complaint filed with him or her, pursuant to subsection (a) hereof, after he or she has completed his or her investigation of such complaint. Such report shall include his or her findings of fact, his or her actions and the results of such actions. The Mayor, after receiving each report, shall confer with the Director of Law to ascertain what further legal action, if any, would be appropriate concerning such complaint which may include, but need not be limited to:

      (1)   Directing the person or persons against whom the complaint is directed to cease and desist from violating this chapter and to take affirmative steps as necessary to effectuate the purposes of this chapter;

      (2)   Initiating an appropriate court action for the enforcement of the Fair Housing laws and this chapter, and for such other and further relief as the Court may deem appropriate including, but not limited to, injunctive relief, compensatory damages, punitive damages and/or attorney fees and costs for award to the complainant;

      (3)   Initiating proceedings for violation of federal or state law and/or regulations;

      (4)   Initiating proceedings with any contracting agency, in the case of violation of the Fair Housing laws and this chapter by the person or persons against whom the complaint is directed in the course of performing under a contract or sub-contract with the State or any political subdivision or agency thereof, or with the United States of America or any agency or instrumentality thereof, for the purpose of causing a termination of such contract or any portion thereof, or obtaining other relief;

      (5)   Initiating proceedings with the State of Ohio, where applicable, to revoke, suspend or refuse to renew the license of any person found to have violated any provision of the Fair Housing laws or this chapter;

      (6)   Directing the person or persons against whom the complaint is directed to reimburse the complainant for his actual and reasonable expenses incurred and to be incurred as a result of each violation found including, but not limited to, expenses for moving and temporary storage of household furnishings, additional expenses in connection with the purchase or rental of a dwelling for alternative accommodations, and reasonable attorney’s fees and costs, provided that the complainant, in the opinion of the Mayor, is not financially able to assume such attorney’s fees, and further provided that no such reimbursement by any person or persons against whom the complaint is directed shall exceed the sum of five thousand dollars ($5,000) with respect to each violation found; and

      (7)   Directing the person or persons against whom the complaint is directed to comply with such other or further relief as the Mayor may deem appropriate for the enforcement of this chapter.

   (f)   Except as provided herein, the Housing Coordinator shall not inform any person of the filing of any complaint, the proceedings instituted thereunder, his or her findings of fact or his or her actions or the results of such actions.

(Ord. 96-051. Passed 3-5-96.)